☰ Revisor of Missouri

Title XXXV CIVIL PROCEDURE AND LIMITATIONS

Chapter 512

< > Effective - 02 Jan 1979, see footnote    bottom

  512.280.  Same cause to be heard — necessary parties may be added. — The same cause of action, and no other, that was tried before the associate circuit judge, shall be tried before the judge upon the trial de novo; provided, that new parties, plaintiff or defendant, necessary to a complete determination of the cause of action, may be added in the trial de novo.

­­--------

(RSMo 1939 § 2744, A.L. 1945 p. 765 § 139, A.L. 1978 H.B. 1634)

Prior revisions: 1929 § 2358; 1919 § 2908; 1909 § 7585

Effective 1-02-79

(1976) Held that supreme court rule overrides this section and that third party practice, (court rule 41.01(b) controls.  State ex rel. Mayweather v. Bondurant (A.), 538 S.W.2d 953.

(1985) Plaintiff's amendment to increase the amount of damages in the trial de novo was proper where the same cause of action based on the same theory and supported by the same ultimate facts was heard in the trial de novo. McMenamy v. Main (Mo.App.), 686 S.W.2d 874.


---- end of effective  02 Jan 1979 ----

use this link to bookmark section  512.280


Click here for the Reorganization Act of 1974 - or - Concurrent Resolutions Having Force & Effect of Law
In accordance with Section 3.090, the language of statutory sections enacted during a legislative session are updated and available on this website on the effective date of such enacted statutory section. Revisor Home    

Other Information
 Recent Sections Editorials May Be Cited As Tables & Forms Multiple Enact
Repeal & Transfer Definitions End Report

Site changes Pictures Contact

Other Links
Legislative Research Oversight MOLIS
Library MO WebMasters
Senate
Missouri Senate
State of Missouri
MO.gov
House
Missouri House